Termination of Parental Rights (TPR)

What it means

A Family Court order that permanently ends the legal relationship between a parent and a child. After a TPR, the child can be adopted by another family. New York Social Services Law § 384-b lists the grounds: abandonment, mental illness or mental retardation that prevents care, severe or repeated abuse, and permanent neglect. Permanent neglect is the most common ground. It applies when a child has been in foster care for at least one year and the parent has not maintained contact or planned for the child's return despite reasonable efforts by the agency. The standard of proof is clear and convincing evidence — higher than the preponderance standard used in most family cases. The parent has a right to a free 18-B lawyer in TPR cases. The child also has an attorney. A surrender — where the parent voluntarily gives up rights — is a separate path that requires court approval. TPR is one of the most serious orders Family Court can enter.

When you might hear this

Termination of parental rights is a Family Court order that permanently ends the legal relationship between a parent and a child. It usually comes after a long child-welfare case and is the legal step needed before a child can be adopted by someone else.

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